 | Alabama. Supreme Court - 1898 - 878 pages
...took under the second clause of the will per xli'i-pex or per capita. Mr. Jarman says on this subject. "Where a gift is to the children of several persons,...and the children of B., they take per capita and not pergtirpcs." — 2 Jar. on Wills, (6th ed.), p. 205, *p. 1051, § XII. In the notes to the text, several... | |
 | Thomas Jarman - 1859 - 604 pages
...the original will, and Lord Thurlow held, that the youngest child at his death was entitled. (/) V. Where a gift is to the children of several persons, whether it be to the children of A and B (g) or to the children of A and the children of B, (A) they take per capita, not per stirpes.1 (a)... | |
 | Illinois. Supreme Court - 1921 - 696 pages
...notwithstanding such words. A leading authority on this question is doubtless Jarman on Wills, who states : "Where a gift is to the children of several persons,...children of B, they take per capita and not per stirpes; * * * but this mode of construction will yield to a very faint glimpse of a different intention in... | |
 | Great Britain. Courts - 1866 - 666 pages
...clause cannot be read «'on the death of each, as to the moiety of each." The general rule is that, "where a gift is to the children of several persons,...of A. and the children of B., they take per capita, not per stirpes;" 2 Jarman on Wills, 111. Malcolm v. Martin, 3 Bro. Ch. Ca. 50, and Pearce v. Edmeades,... | |
 | New Jersey. Court of Chancery - 1868 - 636 pages
...Vol. 2, p. Ill, very fairly states the result of the English and American cases on this subject. " Where a gift is to the children of several persons,...of A and the children of B, they take per capita, not per stirpes." "The same rule applies where a devise or bequest is made to a person described as... | |
 | Emory Washburn - 1876 - 748 pages
...whether this distribution shall be per stirpes or per capita. Upon this latter point, if a devise be to A and the children of B, they take per capita, and not per stirpes. So where the devise is to several persons " equally," or " share and share alike," &c., they take per... | |
 | Thomas Jarman - 1880 - 980 pages
...one of his children as fully provided for ; the seven other children were entitled. 24 V. — AA'here a gift is to the children of several persons, whether it be to the children of A and B, (e) or to the children of A and the children of B, (/) they take per capita, not per stirpcs. The same... | |
 | Thomas Jarman - 1881 - 934 pages
...he considered one of his children as fully provided for ; the seven other children were entitled. V. Where a gift is to the children of several persons, whether it be to the children of A. and 13. (e), or to the children of A. Whether and the children of B. (/) , they take per capita, not per... | |
 | District of Columbia. Supreme Court (1863-1936), Franklin Hubbell Mackey - 1883 - 654 pages
...necessary to effectuate the intention of the testator. Roper, 69-70. Where there is a devise or bequest to the children of several persons, whether it be...children of B," they take per capita and not per stirpes. 2 Jarmen Wills, 111 ; 2 Redf. Wills, 897 ; 8 Bro. CC, 367 ; 2 P. Wm., 384 , 2 Vern., 705 ; 1 Sandf.,... | |
 | 1887 - 1098 pages
...Conjecture, doubt, or even equilibrium of apparent intention will not suffice. Gutkrids Appeal, 1 Wr. 9. Where a gift is to the children of several persons, whether it be to the children of A. and'B., or to the children of A. and the children of B., they take per capita and not per stirpes.... | |
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Where a gift is to the children of several persons, whether it be to the children of A and B or to the children of A and the children of B, they take per capita and not per stirpes. 
